Application for entry into TSN. Creation of TSN: Preparation and execution of protocols, voting ballots and decisions of the OCC

We are often asked this question: “Is it necessary to collect applications for membership when creating a TSN / HOA?”

This question is not born out of the idle curiosity of citizens. Even some government officials write that such statements need to be collected. For example, an employee of the State Housing Inspectorate (hereinafter referred to as GZHI) of the Moscow Region, in a letter dated April 24, 2017 No. 08TG-27634, directly stated: “Despite the fact that this seems to be a formality, in order to join the TSN, the owner must submit a corresponding application. It seems that the application should be submitted even to those owners who voted for the creation of TSN.” Are such an employee and those who think similarly right? This is what we will talk about in this article.

There are two points of view on this issue:

• Some say that everyone who wants to become a member of TSN needs to write applications;
• Others say that it is enough to vote for the creation of TSN at its creation in order to become a member of this TSN.

The answer is born from an analysis of the norms of the Housing Code of the Russian Federation. As established by part 1 of Art. 136 of the Housing Code of the Russian Federation, owners of premises in one apartment building can create only one homeowners’ association. The decision to create a homeowners' association is made by the owners of premises in an apartment building at their general meeting. Such a decision is considered adopted if the owners of the premises in the corresponding apartment building vote for it, having more than fifty percent votes from the total number of votes of the owners of premises in such a building.

At the same time, according to Part 2 of Art. 141 Housing Code of the Russian Federation: “General meeting of owners of premises in an apartment building obliged to make a decision on liquidation homeowners association in case unless the members of the partnership have more than fifty percent of the votes from the total number of votes of owners of premises in an apartment building.”

Let's assume that voting for the creation of TSN does not mean joining its members. According to the law, the Federal Tax Service does not require applications to join the Partnership when registering TSN. In addition, these statements also do not appear in any of the regulations as a mandatory annex to the protocol. At the same time, you cannot become a member of TSN if it has not yet been registered, just as you cannot become part of something that does not yet exist. Then it turns out that TSN can be registered without any members at all and is subject to immediate liquidation under Part 2 of Art. 141 Housing Code of the Russian Federation. This is absurd.

Let’s assume that owners who have not submitted an application to join the newly created TSN are elected to the board (there is no regulatory act that obliges these statements to be written when creating the Partnership). Then it turns out that owners who are not members of TSN were elected to the governing bodies of TSN, which is also contrary to the law and is absurd.

A real estate owners' association is a relatively new form of non-profit organization.

It differs in its organizational and legal status and is created to unite property owners of various types.

What TSN is, what laws govern it and how this form of organization differs, you will learn after reading the article.

Article 123 of the Civil Code defines a partnership of real estate owners.

According to it, TSN is an association of real estate owners who, on a voluntary basis, create a partnership to organize joint ownership, use and disposal of real estate. It can also solve other problems that do not violate the law.

In this form, it is not only easier to keep records of real estate objects, but also to manage them. For example, residents who own apartments in an apartment building create a TSN to regulate cleanliness and order inside the building (lights on the floors, elevator operation, etc.) and in the area near it. Their goal is to provide comfortable living conditions.

This association is a legal entity whose members own real estate of the same type.

Partnership unites owners of any real estate:

• Premises (both residential and non-residential) in one building (or several).
• Residential or country houses.
• Dacha plots.
• Gardens or vegetable gardens.

Legislative regulation of the issue

Changes in the Civil Code that occurred in 2014 affected almost all owners (and not just legal entities), although the law does not oblige them to undergo the re-registration procedure.

TSN is regulated on the basis of the general legislative framework relating to real estate.

Among legislative acts related to this type of organization, there are:

• Civil Code of the Russian Federation - articles 49, 65, 123, 174, 181,182 and 218.
• RF LC – Articles 135, 136, 143, 145, 149, 150, 152 and 161.

By the way, since 2014, there have been changes in the legislation, according to which SNT (horticultural non-profit partnerships) and (homeowners' partnerships) are now created in the form of TSN.

Functions, tasks and goals of the organization

Functions in TSN distributed as follows:

the main task such an association is an organization of collective use of real estate. Thanks to a property owners' association, owners can manage it themselves without involving third parties (for example,).

Rights and obligations

The legal capacity of a real estate owners' association is enshrined in the main document - the organization's charter.

This form of legal the person has specific, separate property, which, if necessary, will be used to meet the obligations assumed.

So participants are not responsible for the actions of the organization:

• Neither subsidiary.
• Not in solidarity.
• Not a share.

The partnership takes over duty for the formation of supervisory and management bodies created to coordinate and make decisions by its members and other legal entities (for example, to carry out construction work or connect to the housing and communal services network). The main governing body of the association must make decisions on establishing mandatory contributions for members of the organization.

TSN can carry out business activities and receive income from it (according to the Civil Code of the Russian Federation), but under two conditions:

• This activity must meet the goals of the association (as enshrined in the charter).
• Profits cannot be distributed among members of the organization.

All actions of the organization must correspond to its goals and objectives. At the association have rights:

If the participants do not fulfill their obligations as set out in the charter or the decision of the meeting, the partnership may try in court to force them to fulfill their obligations, make payments or contributions. Also, the organization in court can demand from violators compensation for losses caused due to failure of members to fulfill their obligations.

TNS obliged:

• Conduct its activities within the framework of the norms established by law, as well as in accordance with its charter.
• Conclude contracts with third parties to perform specific work.
• Fulfill your obligations and monitor the sanitary and technical condition of the common property.

The owner becomes a member of TSN after he submits an application to join there. You can leave the partnership by submitting an application for withdrawal from it.

His members have the right:

• Request TSN for information about its activities.
• Participate in the activities of the association independently or by sending a proxy there (select and become a candidate for management positions, make proposals regarding improving the quality of work).
• If they do not agree with the decision of the governing bodies, they can appeal it in court.
• Familiarize yourself with the main documents of the organization.
• Demand from TSN the proper quality of services and work that they are obliged to carry out in accordance with the charter.

Registration procedure

IN charter union you need to specify it:

Members of TSN (and at the same time its founders) can be:

1. Phys. persons who are owners of real estate designated as a public property.
2. A legal entity that has the right to own, manage and manage the property of the partnership.

When joining an organization and filling out an application, the person who wishes to enter it provides information about himself. Later, this information will be entered into the register so that it can be established exactly what kind of real estate (share) belongs to this member. If there are any changes to the real estate or personal data have changed, the TSN participant will have to notify the board of the organization about this.

There are no strict and clearly defined requirements for the charter of a partnership in the legislation. The main thing is that its provisions do not violate the norms of the Housing and Civil Codes.

Advantages and disadvantages of such an association

Advantages associations of property owners as follows:

Flaws the associations are:

• It is not a universal organization with a legal status that will solve any problem. Much depends on the type of property itself. Not all owners should unite. For example, if the partnership consists of owners of unsafe housing or living in a building that requires major repairs, they are unlikely to be able to collect the required amount on time.
• There is a high risk of bankruptcy of the association. In this case, the owners will not be able to return their funds and contributions.
• TSN must obtain a license to conduct activities specified in the charter. This will take additional time, effort and money.

Distinctive features

Such an association of owners different from HOA the following features:

About the advantages of organizing this type of association of real estate owners, see the following video:

Federal Law of 05.05.2014 N 99-FZ
"On amendments to Chapter 4 of Part One of the Civil Code of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation"

don't pursue making a profit not distributed

5. The charter of a non-profit corporate organization may provide that decisions on the creation of other legal entities by the corporation, as well as decisions on the participation of the corporation in other legal entities, on the creation of branches and on the opening of representative offices of the corporation are made by the collegial body of the corporation.

voluntary association in a buiding, including in an apartment building, or in several buildings in their common ownership or common use

2. Charter of the partnership of real estate owners must contain information about its name, including the words “association of real estate owners”, location, subject and purpose of its activities, composition and competence of the bodies of the partnership and the procedure for their decision-making, including on issues on which decisions are made unanimously or by qualified by a majority vote, as well as other information provided by law.

3. The association of real estate owners is not liable for the obligations of its members. Members of a real estate owners' association are not liable for its obligations.

4. By decision of its members, a real estate owners' association may be transformed into a consumer cooperative.

2. belong to members the procedure for determining shares in the right of common ownership thereof is established by law.

3.

1. The exclusive competence of the supreme body of the partnership of real estate owners, along with the issues specified in paragraph 2 of Article 65.3 of this Code, also includes the adoption .

2. Partnerships of real estate owners are created (chairman) and permanent

Article 3

before the effective date the norms of Chapter 4 upon the first change in the constituent documents of such legal entities. does not require changes to title and other documents, containing its former name. Constituent documents of such legal entities before the Civil Code of the Russian Federation (as amended by this Federal Law)

There are more questions than answers!

Mironov I.B., Head of the Staff of the State Duma Committee on Civil, Criminal, Arbitration and Procedural Legislation, answers questions from the magazine "Chairman of the Homeowners' Association"

On October 2, 2014, the editors of the magazine “Chairman of the HOA” sent questions to the Chairman of the State Duma Committee on Civil, Criminal, Arbitration and Procedural Legislation P.V. Krasheninnikov. October 31 at 17:08 by email. We received a letter in the mail: “According to your letter registered with the Committee under number 613959-6 dated October 3, 2014, we can offer the following. Answers to certain questions of interest to readers of the magazine “Chairman of the HOA” can be given by the head of the Committee’s apparatus, Ilya Borisovich Mironov.” In a telephone conversation, we were warned that they could not send Mironov’s answers officially on the Committee’s letterhead. Below are the responses submitted.

We believe that on November 5 we will be able to meet with Mironov to clarify the answers received, because in a telephone conversation Krasheninnikov’s assistant said that they would order a pass, but since the working day was ending, we would reschedule the meeting on working days.

Question No. 1

According to clause 9, part 1, article 4 of the Housing Code of the Russian Federation, housing legislation regulates relations regarding the creation and activities of residential complexes and housing cooperatives, homeowners associations, the rights and obligations of their members. According to Part 8 of the same article, in the event of a discrepancy between the norms of housing legislation contained in federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation, regulatory legal acts of local self-government bodies, and the provisions of the Housing Code of the Russian Federation, the provisions of the Housing Code of the Russian Federation are applied.

Which of the Codes of the Civil Code of the Russian Federation or the Housing Code of the Russian Federation has priority in relation to the name of the legal entity “Association of Real Estate Owners”?

ANSWER:
ABOUT The organizational and legal form of legal entities is determined by the Civil Code of the Russian Federation, and in this part, priority has always remained and remains with the Civil Code of the Russian Federation. According to the transitional provisions of the Federal Law dated 05/05/2014 N 99-FZ "On amendments to Chapter 4 of Part 1 of the Civil Code of the Russian Federation and on the recognition as invalid of certain provisions of legislative acts of the Russian Federation" (hereinafter referred to as the Law dated 05/05/2014 N 99-FZ ) pending the bringing of legislative and other normative legal acts in force on the territory of the Russian Federation into compliance with the provisions of the Civil Code of the Russian Federation (as amended by the said Federal Law), legislative and other normative legal acts of the Russian Federation, as well as acts of legislation of the USSR in force in territories of the Russian Federation within the limits and in the manner provided for by the legislation of the Russian Federation, are applied insofar as they do not contradict the provisions of the Civil Code of the Russian Federation (as amended by the said Federal Law) (clause 4 of Article 3 of the Law). From September 1, 2014, the Civil Code of the Russian Federation establishes an exhaustive list of organizational and legal forms of legal entities.

Question No. 2

Tax authorities refuse to register changes to the HOA Charter without submitting a simultaneous application to change the legal form of the HOA to TSN. At the same time, contradictions in the Housing Code of the Russian Federation and the Civil Code of the Russian Federation do not allow the development of a Charter for the association of property owners in apartment buildings. What way out of this situation do you see? Is it possible to postpone the implementation of the law on introducing amendments to the HOA Charter regarding the Partnership of Real Estate Owners until the contradictions that have arisen between the Civil Code of the Russian Federation and the Housing Code of the Russian Federation on this issue are resolved, as well as until the TSN is included in the “All-Russian Classifier of Organizational and Legal Forms”?

ANSWER:

According to the transitional provisions of the Federal Law of 05.05.2014 N 99-FZ “On amendments to Chapter 4 of Part 1 of the Civil Code of the Russian Federation and on the recognition of certain provisions of legislative acts of the Russian Federation as invalid”, special rules have been established to make the process of bringing organizational and legal forms of legal entities in accordance with the new rules of the Civil Code of the Russian Federation.

From the date of entry into force of the Law of 05.05.2014 N 99-FZ (Article 3), the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by the said Federal Law) are applied to legal entities created before the date of its entry into force:
…
3) to consumer societies, housing, housing-construction and garage cooperatives, horticultural, gardening and dacha consumer cooperatives, mutual insurance societies, credit cooperatives, rental funds, agricultural consumer cooperatives - on consumer cooperatives (Articles 123.2 and 123.3);
…
6) to homeowners’ associations, horticultural, gardening and dacha non-profit partnerships - on real estate owner’s associations (Articles 123.12 - 123.14).

Thus, the rules on the corresponding organizational and legal forms of legal entities should automatically be applied to such legal entities.

It will be necessary to bring constituent documents into compliance with the new rules of the Civil Code of the Russian Federation only if it is necessary to make any other changes to the constituent documents of legal entities.

Constituent documents, as well as the names of legal entities created before the entry into force of the Law of 05.05.2014 N 99-FZ, are subject to being brought into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by the said Federal Law) upon the first change in the constituent documents of such legal entities. Changing the name of a legal entity in connection with bringing it into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by the Federal Law) does not require changes to the title and other documents containing its previous name. The constituent documents of such legal entities, until they are brought into compliance, are valid to the extent that they do not contradict the specified norms.

When registering changes to the constituent documents of legal entities in connection with bringing these documents into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by the Federal Law), no state duty is charged.

If there is a need to make other changes to the constituent documents (not related to the new rules of the Civil Code of the Russian Federation on legal entities), the tax authorities must refuse to register such changes without bringing the charters into compliance with the new rules of the Civil Code of the Russian Federation.

Question #3

In accordance with clause 2 of Article 123.13 of the Civil Code of the Russian Federation, “Common property in an apartment building... belongs to the members of the corresponding partnership of real estate owners on the right of common shared ownership, unless otherwise provided by law.”
And in accordance with Art. 36 of the Housing Code of the Russian Federation “The owners of premises in an apartment building own, by the right of common shared ownership, the common property in the apartment building...”

Do the amendments to the Civil Code of the Russian Federation mean that in order to preserve their rights to common property in MKD, guaranteed by Article 36 of the RF Housing Code, all owners must “automatically” become members of the TSN? (Clause 2 of Article 30 of the Constitution of the Russian Federation states: “No one can be forced to join or remain in any association.” On this basis, during the “emergency” re-registration of the HOA in TSN, many currently existing HOAs in the MKD will be destroyed).
Or is there another way to preserve the right to dispose of the common property of an apartment building for an owner who does not want to become a member of TSN?

ANSWER:

According to the new rules of the Civil Code of the Russian Federation, introduced by Law of 05.05.2014 N 99-FZ, Art. 123.12-123.14 of the Civil Code of the Russian Federation regulate the status of just such a legal entity as a partnership of real estate owners. Moreover, this is not the only form of management of an apartment building (consumer societies, housing, housing construction and garage cooperatives, horticultural, vegetable gardening and dacha consumer cooperatives, mutual insurance societies, credit cooperatives, rental funds, agricultural consumer cooperatives - about consumer cooperatives (articles 123.2 and 123.3) Art. 3 of the said law). Art. 36 of the Housing Code of the Russian Federation establishes rules regarding a special object of civil rights - an apartment building, therefore there are no contradictions between these norms. These norms do not contain any contradictions with the provisions of the Constitution of the Russian Federation. The authors of the question are most likely confused, since the rules regulate different situations: the status of a legal entity (subject of civil relations) and the peculiarities of the status of such an object of civil rights as an apartment building.

Question No. 4

According to the requirements of the Housing Code of the Russian Federation, a meeting of owners is valid if at least 50% of the owners took part in it. According to the Housing Code of the Russian Federation, an HOA was created by no less than 50% of the owners in an apartment building. The amendments to the Civil Code of the Russian Federation do not regulate at all the quantitative composition of participants (founders) of a TSN when it is created in an MKD. Does this mean that owners with less than 50% of the votes can create their own TSN (for example, in one train), and accept on its common meeting decisions, including those relating to the common property of the apartment building, payments, etc.?

ANSWER:

According to the new rules of the Civil Code of the Russian Federation, introduced by Law dated 05.05.2014 N 99-FZ, an independent organizational and legal form is a partnership of real estate owners, which can be created in various fields and areas. Thus, the Civil Code of the Russian Federation establishes rules regarding the creation of such a legal entity, the procedure for making decisions, and participation in civil circulation. Features associated with carrying out activities in a certain area may be provided for by special legislation. Regarding the minimum number of participants in legal entities (if it is not established by the Civil Code of the Russian Federation), special legislation must apply.

In addition, a new chapter 9.1 has appeared in the Civil Code of the Russian Federation, regulating the procedure for holding meetings of the civil law community. The decision of the meeting, with which the law associates civil legal consequences, gives rise to the legal consequences to which the decision of the meeting is aimed, for all persons who had the right to participate in this meeting (participants of a legal entity, co-owners, creditors in bankruptcy and other participants in the civil legal community ), as well as for other persons, if this is established by law or follows from the essence of the relationship.

According to Art. 181.2 of the Civil Code of the Russian Federation, the decision of the meeting is considered adopted if the majority of the meeting participants voted for it and at least fifty percent of the total number of participants in the relevant civil law community participated in the meeting.

Thus, there are no contradictions between GC and LC.

Question No. 5

Housing supervision authorities, by virtue of Article 20 of the Housing Code of the Russian Federation, monitored the compliance of the HOA Charters with the requirements of the Housing Code of the Russian Federation. Amendments to the Civil Code of the Russian Federation introduced a new concept - the Partnership of Real Estate Owners. The Law now includes HOAs and SNTs as such partnerships. But these two different associations also have different legal bases. Even the rights and responsibilities of their members are very different.

So, for example, according to Article 19 of Federal Law No. 66 “On horticultural, gardening and dacha non-profit associations of citizens,” a member of the SNT “is obliged to participate in events held by such an association, to participate in general meetings of members of such an association.” And the Housing Code of the Russian Federation does not make these issues the responsibility of HOA members. For HOA members, this is a right, not an obligation.

In the future, Housing Inspections will check the TSN Charters. There is no approximate TSN Charter yet and its approval is not expected in the near future.

Which points from which law must be included in the Charter of the TSN created in the MKD, so that the housing supervision authority has no grounds to claim that the Charter of the TSN does not comply with the requirements of the law?

ANSWER:

According to the new rules of the Civil Code of the Russian Federation, introduced by Law No. 99-FZ of May 5, 2014, the organizational and legal form is a partnership of real estate owners, which can be created in various fields and areas. Thus, the Civil Code of the Russian Federation establishes rules regarding the procedure for creating such a legal entity, the procedure for making decisions, and participating in civil circulation. Features associated with carrying out activities in a certain area may be provided for by special legislation. Consequently, for organizations created in the field of “horticulture”, the charters must take into account the relevant norms of the Civil Code and Federal Law-66 “On gardening, gardening and dacha non-profit associations of citizens”; for organizations created for the purpose of managing an apartment building - the relevant norms of the Civil Code and LCD.

Question No. 6

Who should apply for TSN registration: all founders or...?
Answer
Or..?

Question No. 7

Unlike commercial corporate organizations, where the composition of founders is stable, the full name and number of founders in TSN created in residential buildings will constantly change. Will such changes require amendments to the Unified State Register of Legal Entities?

ANSWER:
Everything is exactly the opposite. For example, in a joint stock company thousands of purchase and sale transactions are made in just one day. In MKD, the composition of owners is extremely stable compared to joint-stock companies. Owners are registered in the Unified State Register when making transactions (purchase and sale, exchange, donation, inheritance, rent...)

Question No. 8

What fate awaits housing cooperatives that manage apartment buildings, in which there are no longer shareholders (cooperators), but there are owners and tenants of housing?

ANSWER:
They should have ceased to exist long ago (liquidated), since they had achieved the goals of their creation and there were no share relations.

And from a colleague from Nizhny Novgorod Dobrunik M.V. – independent expert, Nizhny Novgorod comments:

The indicated amendments come into force on September 1, 2014. However, there is no need to re-register or change the name of companies by this deadline. Organizations will be able to bring their statutory documents into compliance with the Civil Code of the Russian Federation with any immediate change. Moreover, when registering changes to constituent documents in connection with bringing these documents into compliance, no state duty will be charged. This is provided for in Article 3 of Law No. 99-FZ.

Constituent documents, as well as names of legal entities created before the entry into force of this Federal Law, subject to compliance with standards Chapter 4 of the Civil Code of the Russian Federation (as amended by this Federal Law) upon the first change of constituent documents such legal entities.

Change of name a legal entity in connection with bringing it into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by this Federal Law) does not require changes to the title and other documents containing its previous name. Constituent documents of such legal entities before they are brought into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by this Federal Law) act to the extent that they do not contradict the specified norms.

8. From the date of entry into force of this Federal Law to those created until his day entry into force for legal entities accordingly standards apply Chapter 4 of the Civil Code of the Russian Federation (as amended by this Federal Law):

6) to homeowners' associations, horticultural, gardening and dacha non-profit partnerships - about real estate owners' associations(Articles 123.12 - 123.14);

By virtue of paragraph 5 of Article 10 and paragraph 1 of Article 52 of the Civil Code of the Russian Federation constituent documents are legal basis for activities a legal entity as a subject of rights and obligations, the integrity and reasonableness of whose actions are assumed. Provisions of constituent documents required for a legal entity in relations with its founders (participants) and third parties.

The list of mandatory requirements for the content of the charter of a legal entity is contained in paragraph 2 of Article 52 of the Civil Code of the Russian Federation. This:

• name of the legal entity,
• its location ,
• activity management procedure legal entity,
• other information,provided forby law for legal entities of the corresponding type.

Federal Law No. 99-FZ dated 05.05.2014, Chapter 4 of Part 1 of the Civil Code of the Russian Federation was supplemented with paragraph § 6 “Non-profit corporate organizations”, which comes into force

1. General provisions on non-profit corporate organizations

Article 123.1. Basic provisions on non-profit corporate organizations

1. Non-profit corporate organizations are legal entities that don't pursue making a profit as the main goal of its activities and not distributed profit received between participants(clause 1 of Article 50 and Article 65.1), the founders (participants) of which acquire the right to participate (membership) in them and form their supreme body in accordance with clause 1 of Article 65.3 of this Code.

2. Non-profit corporate organizations are created in the organizational and legal forms of consumer cooperatives, public organizations, associations (unions), property owners' associations, Cossack societies included in the state register of Cossack societies in the Russian Federation, as well as communities of indigenous peoples of the Russian Federation (clause 3 of Article 50).

3. Non-profit corporate organizations are created by the decision of the founders adopted at their general (founding) meeting, conference, congress, etc. These bodies approve the charter of the relevant non-profit corporate organization and form its bodies.

4. A non-profit corporate organization is the owner of its property.

5. Charter of a non-profit corporate organization it may be provided that decisions on the creation of other legal entities by the corporation, as well as decisions on the participation of the corporation in other legal entities, on the creation of branches and on the opening of representative offices of the corporation are made by the collegial body of the corporation.

5. Real estate owners' associations

Article 123.12. Basic provisions on the partnership of real estate owners

1. A partnership of real estate owners is recognized voluntary association owners of real estate (premises in a buiding, including in an apartment building, or in several buildings, residential buildings, country houses, gardening, gardening or summer cottage land plots, etc.), created by them for joint ownership, use and, within the limits established by law, disposal of property (things) located by virtue of law in their common ownership or in general use, as well as to achieve other goals provided for by law.

2. Charter of the partnership property owners must contain

• information about its name , including the words “property owners association”,
• location,
• the subject and purpose of its activities,
• composition and competence of the partnership bodies and the procedure for their decision-making , including on issues on which decisions are made unanimously or by a qualified majority of votes,
• and other information required by law.

3. Real estate owners association doesn't answer on the obligations of its members. Members of a real estate owners' association are not liable for its obligations.

4. A partnership of real estate owners, by decision of its members, may be transformed into a consumer cooperative.

Article 123.13. Property of the real estate owners' association

1. The association of real estate owners is the owner of its property.

2. Common property in an apartment building, as well as public facilities in horticultural, gardening and dacha non-profit partnerships belong to members the relevant homeowners association on the right of common shared ownership, unless otherwise provided by law. The composition of such property and procedure for determining shares in the right of common ownership thereofare installedby law.

3. Share in the right of common ownership of common property in an apartment building of the owner of the premises in this building, a share in the right of common ownership of common objects in a gardening, gardening or dacha non-profit partnership of the owner of the land plot - a member of such a non-profit partnership follow the fate of ownership of the specified premises or land.

Article 123.14. Features of management in a partnership of real estate owners

1. To the exclusive competence of the supreme body partnership of real estate owners, along with the issues specified in paragraph 2 of Article 65.3 of this Code, also applies to the adoption decisions on establishing the amount of obligatory payments and contributions of members of the partnership .

2. The partnership of real estate owners creates sole executive body (chairman) and permanent collegial executive body (board).

By decision of the supreme body of the partnership of real estate owners (clause 1 of Article 65.3), the powers of the permanent bodies of the partnership may be terminated early in cases of gross violation of their duties, revealed inability to properly conduct business, or in the presence of other serious grounds.

7. Constituent documents, as well as names of legal entities created before the effective date of this Federal Law, subject to be brought into conformity with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by this Federal Law) at first change constituent documents such legal entities.

Changing the name of a legal entity in connection with bringing it into compliance with the norms of Chapter 4 of the Civil Code of the Russian Federation (as amended by this Federal Law) does not require making changes to title and other documents, containing its former name.

Constituent documents of such legal entities up to bringing them into compliance with the standards of Chapter 4 Civil Code of the Russian Federation (as amended by this Federal Law) act to the extent that they do not contradict the specified standards.

Article 65.1. Corporate and unitary legal entities

1. Legal entities whose founders (participants) have the right to participate (membership) in them and form their highest body in accordance with paragraph 1 of Article 65.3 of this Code, are corporate legal entities (corporations). These include business partnerships and societies, peasant (farm) households, economic partnerships, production and consumer cooperatives, public organizations, associations (unions), real estate owners associations, Cossack societies included in the state register of Cossack societies in the Russian Federation, as well as communities of indigenous peoples of the Russian Federation.

Legal entities whose founders do not become participants and do not acquire membership rights in them are unitary legal entities. These include state and municipal unitary enterprises, foundations, institutions, autonomous non-profit organizations, religious organizations, and public law companies.

2. In connection with participation in a corporate organization, its participants acquire corporate (membership) rights and obligations in relation to the legal entity created by them, except for the cases provided for by this Code.

Article 65.2. Rights and obligations of corporation participants

(introduced by Federal Law dated May 5, 2014 N 99-FZ)

1. Participants of the corporation (participants, members, shareholders, etc.) have the right:

participate in the management of the corporation's affairs, except for the case provided for in paragraph 2 of Article 84 of this Code;

in cases and in the manner provided by law and the constituent document of the corporation, receive information about the activities of the corporation and get acquainted with its accounting and other documentation;

appeal decisions of corporation bodies entailing civil consequences, in cases and in the manner provided by law;

demand, acting on behalf of the corporation (clause 1 of Article 182), compensation for losses caused to the corporation(Article 53.1);

challenge, acting on behalf of the corporation (clause 1 of Article 182), transactions made by it on the grounds provided for in Article 174 of this Code or laws on corporations of certain organizational and legal forms, and, as well as application of the consequences of invalidity of void transactions of the corporation.

Participants in a corporation may have other rights provided for by law or the corporation's founding document.

2. Member of a corporation or corporation, demanding compensation for losses caused to the corporation(Article 53.1) or recognition of the corporation’s transaction as invalid or application of the consequences of invalidity of the transaction must take reasonable measures upon advance notice to other participants of the corporation and, in appropriate cases, the corporation's intention to file such claims in court, as well as provide them with other information relevant to the case. The procedure for notifying an intention to file a claim may be provided for in the corporation laws and in the corporation's articles of incorporation.

Participants of the corporation who did not join in the manner established by procedural legislation, to a claim for compensation for losses caused to the corporation(Article 53.1) or a claim to invalidate a transaction made by the corporation or to apply the consequences of the invalidity of a transaction, subsequently does not have the right to apply to the court with identical demands, unless the court recognizes the reasons for this application as valid.

3. Unless otherwise established by this Code, a participant in a commercial corporation who, against his will, as a result of unlawful actions of other participants or third parties, has lost the right to participate in it, has the right to demand the return to him of the share of participation transferred to other persons, with payment to them of fair compensation, determined court, as well as compensation for damages at the expense of persons responsible for the loss of the share. The court may refuse to return the participation interest if this leads to the unfair deprivation of other persons of their participation rights or entails extremely negative social and other publicly significant consequences. In this case, the person who, against his will, has lost the right to participate in the corporation, is paid fair compensation, determined by the court, by the persons responsible for the loss of the participation interest.

4. A participant in a corporation is obliged to:

participate in the formation of corporation property in the required amount in the manner, manner and within the time limits provided for by this Code, another law or the constituent document of the corporation;

do not disclose confidential information about the activities of the corporation;

participate in corporate decision making, without which the corporation cannot continue its activities in accordance with the law, if its participation is necessary for making such decisions;

not to commit actions knowingly aimed at causing harm to the corporation;

not to commit actions (inaction) that significantly complicate or make it impossible to achieve the goals for which the corporation was created.

Members of a corporation may also bear other responsibilities provided for by law or the corporation's founding document.

Article 65.3. Management in a corporation

(introduced by Federal Law dated May 5, 2014 N 99-FZ)

1. The supreme body of the corporation is the general meeting of its participants.

In non-profit corporations and production cooperatives with a number of members more than a hundred the highest authority may be congress, conference or other representative (collegial) body, determined by their charters in accordance with the law. The competence of this body and the procedure for making decisions by it are determined in accordance with this Code by law and the charter of the corporation.

2. Unless otherwise provided by this Code or other law, to the exclusive competence supreme body of the corporation relate:

determination of priority areas of activity corporation, principles of formation and use of its property;

approval and amendment of the corporation's charter;

determination of the procedure for admission to participants corporations and exclusions from among its participants, except in cases where such a procedure is determined by law;

formation of other bodies of the corporation and early termination of their powers, if the charter of the corporation in accordance with the law does not assign this power to the competence of other collegial bodies of the corporation;

approval of annual reports and accounting (financial) statements corporation, if the charter of the corporation in accordance with the law does not assign this power to the competence of other collegial bodies of the corporation;

making decisions on the creation of other legal entities by the corporation, on the participation of the corporation in other legal entities, on the creation of branches and on the opening of representative offices of the corporation, except for cases where the charter of the business company, in accordance with the laws on business companies, makes such decisions on these issues within the competence of other collegial bodies of the corporation;

making decisions on reorganization and liquidation of the corporation, on the appointment of a liquidation commission (liquidator) and on approval of the liquidation balance sheet;

election of an audit commission (auditor) and appointment of an audit organization or individual auditor of the corporation.

The law and the corporation's constituent document may assign the resolution of other issues to the exclusive competence of its supreme body.

Issues referred by this Code and other laws to the exclusive competence of the highest body of the corporation, cannot be transferred to them for decision by other bodies of the corporation, unless otherwise provided by this Code or other law.

3. The corporation creates sole executive body(director, general director, chairman and so on.). The charter of a corporation may provide for the granting of the powers of the sole executive body to several persons, acting jointly, or the formation of several sole executive bodies, acting independently of each other(paragraph three of paragraph 1 of Article 53). The sole executive body of a corporation may be both an individual and a legal entity.

In cases provided for by this Code, other law or the charter of a corporation, a corporation shall establish collegial executive body (board, management, etc.).

The competence of the bodies of the corporation specified in this paragraph includes resolving issues that are not within the competence of its supreme body and the collegial management body created in accordance with paragraph 4 of this article.

4. Along with the executive bodies specified in paragraph 3 of this article, a corporation may be formed in cases provided for by this Code, other law or the charter of the corporation, collegial governing body(supervisory or other council), controlling the activities of the executive bodies of the corporation and performing other functions, imposed on him by law or by the charter of the corporation. Persons exercising the powers of sole executive bodies of corporations and members of their collegial executive bodies cannot be more than one quarter composition of collegial management bodies of corporations and cannot be their chairmen.

Members of the corporation's collegial management body they have a right receive information about the activities of the corporation and get acquainted with its accounting and other documentation, demand compensation for losses caused to the corporation (Article 53.1), challenge transactions made by the corporation on the grounds provided for in Article 174 of this Code or laws on corporations of certain organizational and legal forms, and demand application of the consequences of their invalidity, as well as demand the application of the consequences of invalidity of void transactions of the corporation in the manner established by paragraph 2 of Article 65.2 of this Code.

Article 56. Liability of a legal entity

1. A legal entity is liable for its obligations all the property belonging to him.

The specifics of the responsibility of a state-owned enterprise and institution for its obligations are determined by the rules of paragraph three of paragraph 6 of Article 113, paragraph 3 of Article 123.21, paragraphs 3 - 6 of Article 123.22 and paragraph 2 of Article 123.23 of this Code. The specifics of the liability of a religious organization are determined by the rules of paragraph 2 of Article 123.28 of this Code.

2. The founder (participant) of a legal entity or the owner of its property is not liable for the obligations of the legal entity, and the legal entity is not liable for the obligations of the founder (participant) or owner, except for cases provided for by this Code or other law.

Money on account TSN are mandatory payments and contributions members of TSN, therefore, write-off of these funds according to writs of execution (fines, debts and interest under agreements with TSN) violates the property rights of all TSN members.

IN Determination No. VAS-6687/13 dated July 24, 2013 in case No. A33-9496/2012 explained:

“Foreclosing on funds located in the debtor’s current account – management company, possible only if belonging everyone located on the current account Money debtor, as well as when foreclosure on property belonging to the debtor Part on the account Money, indicating this in the relevant resolution, subject to possibility definitions specific amount funds belonging to the debtor and located in the account.

Admissions funds deposited in a special bank account cannot be recognized as the debtor’s funds, since they include citizens' payments for utilities provided resource supply organizations, have special appointment.

Foreclosure of funds held in a special bank account of the debtor, in the interests of one resource supply organization affects the interests of the population as a consumer and may have socially significant negative consequences" .

Article 53. Bodies of a legal entity

1. A legal entity acquires civil rights and assumes civil responsibilities through its bodies acting on its behalf (clause 1 of Article 182) in accordance with the law, other legal acts and the constituent document.

The procedure for the formation and competence of the bodies of a legal entity are determined by law and the constituent document.

The constituent document may provide that the authority to act on behalf of a legal entity is granted to several persons acting jointly or independently of each other. Information about this is subject to inclusion in the unified state register of legal entities.

(Clause 1 as amended by Federal Law dated 05.05.2014 N 99-FZ)

(see text in the previous edition)

2. In the cases provided for by this Code, a legal entity may acquire civil rights and assume civil responsibilities through its members.

(as amended by Federal Law dated May 5, 2014 N 99-FZ)

(see text in the previous edition)

3. A person who, by virtue of law, another legal act or the constituent document of a legal entity, is authorized to act on its behalf, must act in the interests of the legal entity he represents in good faith and reasonably. The same obligation is borne by members of collegial bodies of a legal entity (supervisory or other board, board, etc.).

(paragraph 3 as amended Federal Law dated 05.05.2014 N 99-FZ)

(see text in the previous edition)

4. Relations between a legal entity and the persons included in its bodies are regulated by this Code and the laws on legal entities adopted in accordance with it.

(Clause 4 introduced by Federal Law dated 05.05.2014 N 99-FZ)

Article 53.1. Responsibility of a person authorized to act on behalf of a legal entity, members of collegial bodies of a legal entity and persons determining the actions of a legal entity

(introduced by Federal Law dated May 5, 2014 N 99-FZ)

1. A person who, by virtue of law, another legal act or constituent document of a legal entity authorized to act on his behalf (clause 3 of Article 53), is obliged to compensate, at the request of a legal entity, its founders (participants) acting in the interests of the legal entity, losses caused to a legal entity through his fault.

A person who, by virtue of the law, another legal act or the constituent document of a legal entity, is authorized to act on its behalf, shall be liable if it is proven that in the exercise of his rights and the performance of his duties he acted in bad faith or unreasonably, including if his actions ( inaction) did not correspond to the usual conditions of civil turnover or normal business risk.

2. The liability provided for in paragraph 1 of this article, members of collegial bodies are also responsible in a legal entity, with the exception of those of them who voted against a decision that caused losses to the legal entity, or, acting in good faith, did not take part in the vote.

3. A person who has the actual ability to determine the actions of a legal entity, including the ability to give instructions to persons named in paragraphs 1 and 2 of this article, is obliged to act in the interests of the legal entity reasonably and in good faith and bears responsibility for losses caused through his fault legal entity.

4. In case of joint infliction of losses to a legal entity, the persons specified in paragraphs 1 - 3 of this article, are obliged to compensate for losses jointly and severally.

5. Agreement to eliminate or limit the liability of persons specified in paragraphs 1 and 2 of this article, for committing dishonest acts, and in a public society for committing dishonest and unreasonable actions (clause 3 of Article 53) insignificant.

An agreement to eliminate or limit the liability of the person specified in paragraph 3 of this article, insignificant.

Article 174. Consequences of violation by a representative or body of a legal entity of the conditions for the exercise of powers or interests of the represented or interests of the legal entity

(see text in the previous edition)

1. If the person’s powers to complete a transaction are limited an agreement or regulation on a branch or representative office of a legal entity or the authority of a body of a legal entity acting on behalf of a legal entity without a power of attorney limited by constituent documents legal entity or other documents regulating its activities in comparison with how they are defined in the power of attorney , in law or as they may be considered obvious from the setting in which the transaction is made, and when committed, such person or such body went beyond these restrictions, the transaction may be declared invalid by the court according to the claim of the person, in whose interests restrictions are established I, only in cases where it is proven that the other party to the transaction knew or should have known about these restrictions.

2. Deal committed by a representative or body acting on behalf of a legal entity without a power of attorney legal entity to the detriment of the interests of the represented or the interests of the legal entity, may be declared invalid by a court represented or at the claim of a legal entity, and in cases provided for by law, on a claim brought in their interests by another person or other body, if the other party to the transaction knew or should have known about obvious damage to the represented person or to the legal entity, or there were circumstances that indicated conspiracy or other joint actions representative or body of a legal entity and another party transactions to the detriment of interests represented or in the interests of a legal entity.

Chapter 9.1. MEETING DECISIONS

(introduced by Federal Law dated 05/07/2013 N 100-FZ)

Article 181.1. Basic provisions

1. The rules provided for by this chapter apply unless otherwise provided by law or in the order established by it.

2. The decision of the meeting, with which the law binds civil consequences, gives rise to legal consequences to which the decision of the meeting is aimed, for all persons who had the right to participate in this meeting (participants of a legal entity, co-owners, creditors in bankruptcy and others - members of the civil law community), as well as for other persons, if this is established by law or follows from the essence of the relationship.

Article 181.2. Making a decision at the meeting

1. The decision of the meeting is considered adopted if the majority of the meeting participants voted for it and at the same time participated in the meeting at least fifty percent from the total number of participants in the relevant civil law community.

The decision of the meeting can be made through absentee voting.

2. If there are several issues on the agenda of a meeting, an independent decision is made on each of them, unless otherwise established unanimously by the participants of the meeting.

4) information about the persons who carried out the vote count;

5) information about the persons who signed the protocol.

Article 181.3. Invalidity of the meeting's decision

1. The decision of the meeting is invalid on the grounds established by this Code or other laws, due to its recognition as such by the court ( contestable decision) or regardless of such recognition ( void decision).

An invalid decision of a meeting is contestable unless it follows from the law that the decision is void.

2. If the decision of the meeting is published, a notice about the court recognizing the decision of the meeting as invalid must be published on the basis of the court decision in the same publication at the expense of the person who, in accordance with procedural legislation, is charged with legal costs. If information about the decision of the meeting is entered into the register, information about the judicial act by which the decision of the meeting was declared invalid must also be entered in the corresponding register.

Article 181.4. Contestability of the meeting's decision

1. A decision of a meeting may be declared invalid by a court if the requirements of the law are violated, including if:

1) there has been a significant violation of the procedure for convening, preparing and holding a meeting, affecting the expression of will of the meeting participants;

2) the person speaking on behalf of the meeting participant did not have authority;

3) there was a violation of the equality of rights of participants in the meeting during its holding;

4) there has been a significant violation of the rules for drawing up a protocol, including the rules on the written form of the protocol (clause 3 of Article 181.2).

2. Decision of the meeting cannot be declared invalid by the court on grounds related to a violation of the procedure for making a decision, if it is confirmed by a decision of a subsequent meeting adopted in the prescribed manner before the court decision.

3. The decision of the meeting has the right to be challenged in court by a participant in the relevant civil law community who did not take part in the meeting or voted against the adoption of the contested decision.

4. The decision of the meeting cannot be declared invalid by the court if the vote of the person whose rights are affected by the contested decision could not influence its adoption and the decision of the meeting does not entail significant adverse consequences for this person.

5. The decision of the meeting can be challenged in court within six months from the day when the person whose rights were violated by the decision learned or should have known about it, but no later than two years from the day when information about the decision became publicly available to participants in the relevant civil law community.

6. A person challenging a decision of a meeting must notify participants in writing in advance relevant civil law community about the intention to file such a claim in court and provide them with other information relevant to the case. Participants of the relevant civil law community, not joined in the manner established by procedural legislation, to such a claim, including those having other grounds for challenging this decision, subsequently does not have the right to go to court with demands to challenge this decision, unless the court recognizes the reasons for this appeal as valid.

7. A contestable decision of a meeting, declared invalid by a court, is invalid from the moment of its adoption.

Article 181.5. Nullity of the meeting's decision

Unless otherwise provided by law, the decision of the meeting is void if it:

1) adopted on an issue not included in the agenda, except if all participants of the relevant civil law community took part in the meeting;

2) adopted in the absence of the required quorum;

3) adopted on an issue not within the competence of the meeting;

4) contradicts the basics of law and order or morality.

Article 182. Representation

1. Transaction made by one person ( representative) on behalf of another person (represented) by virtue of authority based on a power of attorney, indication of the law or an act of an authorized state body or local government body, directly creates, changes and terminates the civil rights and obligations of the represented person.

Authority may also be apparent from the environment in which the representative operates(retail salesperson, cashier, etc.).

2. Persons who act, although in the interests of others, but on their own behalf, persons who only convey the will of another person expressed in proper form, as well as persons authorized to enter into negotiations regarding possible future transactions, are not representatives.

(as amended by Federal Law dated May 7, 2013 N 100-FZ)

(see text in the previous edition)

3. A representative cannot make transactions on behalf of the represented person regarding yourself personally, as well as in relation to another person whose representative he is at the same time, except for cases provided for by law.

A transaction that was completed in violation of the rules established in paragraph one of this paragraph, and to which the person being represented did not consent, May be declared invalid by the court at the request of the represented if she violates his interests. Violation of the interests of the represented person is assumed unless proven otherwise .

(Clause 3 as amended by Federal Law dated 05/07/2013 N 100-FZ)

(see text in the previous edition)

4. It is not allowed to carry out a transaction through a representative, which by its nature can only be completed in person, as well as other transactions specified in the law.

Olga Perminova, independent expert

Until changes have been made to the Housing Code of the Russian Federation and Art. 291 of the Civil Code of the Russian Federation, HOAs, as a form of legal entity (organizational and legal form) exist on legal grounds and the demands of various bodies to amend the Charter and re-register, from my point of view, are premature.

From July 29, 2017, in accordance with Federal Law No. 217, all forms of garden partnerships (SNT, DNP, DSK, etc.) are abolished and two new forms are established: TSN (Real Estate Owners Partnership) and TSZH (Housing Owners Partnership)

08/03/2017 The law was signed and comes into force on January 1, 2019. Important! The law does NOT establish a time frame during which SNT must be re-registered as a TSN or HOA. Re-registration can be carried out at the request of the owners of the cottage village. However, if buyers of plots in a cottage community submit an application for registration of a TSN before the management company or developer of the cottage village, then it will no longer be possible to create a second TSN.

Who can become a member of TSN?

Only owners of land plots that are part of the territory of one horticultural area.

Can there be two TSNs in one gardening?

No, in one gardening there can be only one TSN or HOA, which will be the first to be registered. If documents are submitted for registration of a second TSN, registration will be denied.

Who can create a TSN?

TSN can only be created by owners of land plots, and there must be at least 7 (seven) people and these can only be individuals; they will become the founders of TSN. To do this, you need to draw up a TSN charter, hold a meeting of TSN founders and submit documents to the tax office.

Can I NOT join TSN?

Yes, everyone decides for themselves whether to join TSN or not; to join TSN, you need to submit an application to the chairman, which will be considered at the general meeting of TSN members. Those who have already joined TSN can leave it at any time upon application by notification, depending on the presence of debt.

Can I attend the TSN meeting?

Any owner of a land plot has the right to attend the general meeting of TSN without the right to vote, as well as to get acquainted with the accounting and other documents of TSN, which they are required to provide upon application no later than 30 days from the date of filing the application. TSN does not have the right to set the cost of providing these documents more than the actual cost of making copies of these documents.

How often is TSN meeting held?

The meeting is held at least once a year or at any time by decision of the chairman, board or at the request of at least 20% of TSN participants.

Can TSN exclude me from TSN members?

Yes, the TSN board has the right to exclude any participant from TSN membership for non-payment of fees for more than 2 (two months). You will also automatically cease to be a member of TSN if you sell the land plot, however, TSN has the right to charge and demand contributions from you until you notify TSN in writing about the sale of the land plot.

Can I be denied membership in TSN?

Yes, the TSN board has the right to refuse to accept you as a TSN member if you were previously expelled from TSN members for non-payment of membership fees.

Can I be prohibited from using TSN (SNT, DNP) roads?

No, roads in TSN are a plot of land - the common property of TSN. Any owner of a plot of land in a horticultural area has the right to use not only roads, but also any other common property of TSN, regardless of whether he is a member of TSN or not and regardless of whether he has a debt on contributions to TSN. Chapter 6, Article 24, paragraph 5 contains the exact wording: “No one has the right to restrict the access of rights holders of land plots located within the boundaries of the horticulture or market gardening territory to such land plots”

Who owns the roads in TSN (SNT, DNP)?

Roads in TSN may be owned by TSN. TSN has the right to transfer roads to the common ownership of land plot owners free of charge, while the owner of a land plot does not have the right to allocate a separate section of the road or sell it. TSN has the right to transfer roads to the state by general vote at the meeting.

Can TSN (SNT, DNP) turn off my electricity?

No, the energy supply organization supplies you with electricity, and even if you have debts on membership fees, TSN has the right to collect the debt from you, but does not have the right to terminate your use of public networks and public property.

Who sets the cost of electricity in TSN (SNT, DNP)?

The cost of consumed electricity is set by the energy supply organization, just like in an apartment building, regardless of the connection point or ownership of the transformer, or poles with wires.

Am I required to pay fees to TSN if I have not joined it?

Yes, the law obliges any owner of a land plot included in a horticultural estate to pay membership fees established by the TSN board, regardless of whether they have membership in TSN. Moreover, TSN has the right to establish penalties for late payment of contributions and to recover these penalties in court.

Who sets the amount of contributions to TSN (SNT, DNP)?

The amount of contributions is determined by voting at the general meeting or by decision of the TSN board. Contributions may be the same for each owner of a land plot or be proportional to the area of ​​the land plot; this depends on the decision of the TSN board members. The amount of contributions cannot exceed the amount of planned expenses for the needs of TSN.

If I do not agree with the amount of contributions to TSN, what should I do?

You have the right to receive from TSN a reasonable estimate of the cost of contributions and to appeal this decision of TSN in court.

For what purposes can TSN spend the contributions received from me?

TSN has the right to spend money only on business needs, remuneration of employees, acquisition of common property for TSN, repair of common property and equipment, construction of common property, purchase and repair of roads, paperwork. TSN does not have the right to make profit from its activities.

Can I sell a plot of land if I have debts to TSN?

Yes, you can sell a plot of land if the court has not seized it.

I bought a plot, and the previous owner has a debt to SNT (TSN), what should I do?

The debt of the previous owner does not transfer to the new owner. The new owner is required to pay TSN (SNT) fees from the moment of registration of ownership of the land plot.

What can be built on land plots in TSN (SNT, DNP)?

You can build “Garden” and “Residential” houses, while a Garden House can be recognized as Residential, and a Residential House can be recognized as Garden, regardless of the status of the land plot. Thus, if you have built a warm house with all gardening communications (SNT, TSN, DNP, etc.), you can write an application to the Interdepartmental Commission of the district administration and demand that the house be recognized as residential.

Is it possible to register in TSN (SNT, DNP)?

Yes, you can register if your house is recognized as a Residential House and is registered as a residential building, even if you built it on agricultural land or in gardening.

• How can a resource supplying organization receive information about owners if the management company refuses to provide information?
• Who can sign the protocol instead of the chairman of the management company? Is the signature of other owners sufficient?
• Is an individual entitled to a discount on utility bills after reaching 70 years of age? repair?
• Does the management company have the right to charge apartment owners one-time charges for diagnostics of gas equipment?
• Is it possible to test a central heating system without an application from the owners?

Question

Please tell me how TSN is created? Is it possible that a legal entity is forced to join TSN?

Answer

TSN is created at a meeting of owners who decide to create an organization, approve the charter and register a legal entity.

Membership in TSN is voluntary.

For additional information, see the material in the rationale.

Guest, meet - !

The rationale for this position is in the materials of the Lawyer System and the MKD Management System.